Monday, December 15, 2014

Pennsylvania Requiring Banks to Prevent "Elder Financial Abuse"

Last month Pennsylvania's Supreme Court's Elder Law Task Force's "elder abuse prevention" report (http://www.pacourts.us/courts/supreme-court/committees/supreme-court-boards/elder-law-task-force)("Report") imposed " financial abuse prevention" responsibilities on financial institutions.

The Report ranked "financial abuse" as among the leading mistreatment suffered by adults age 60 and above compromising 30% of Pennsylvania's adult protective services abuse claims and costing $2.9 billion annually.
 
The Report's recommendations for reducing elder financial abuse include requiring financial institutions to take an active role. 

After noting that they're often in the best position to detect, report, and prevent elder financial abuse, the Report recommended that financial institutions be:
            R designated as mandatory reporters of suspected elder abuse (like in Maryland and other states);
            R required to provide training, in conformance with state-mandated standards, for employees processing elder customers transactions; and
            R provided with the authority to hold transactions for five (5) days, during which time the institution would report the suspicious activity and determine whether to permit the transaction. 

The Report urges following Maryland, which has some of the most stringent elder financial reporting laws in the country (including both an oral and written notification requirement), for both reporting suspected elder abuse and providing mandatory employee training. 

Though the Report's recommendations, including the requirements imposed on financial institutions, require legislative action before becoming binding, financial institutions should be preparing elder abuse prevention and reporting programs to comply with heightened state and federal interest.